The URL can be used to link to this page

Browse Search

Home My WebLink About20251455.tiffCunkvae\- I Daq`-1-19 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Patrick O'Neill Subject: Annual fire sprinkler testing and inspection services As advertised this bid is for annual fire sprinkler testing and inspection throughout Weld County buildings. The low bid is from Element Fire Solutions and meets specifications. Therefore, the Facilities Department is recommending the award to Element Fire Solutions in the amount of $11,770.00. If you have any questions, please contact me at extension 2023. Sincerely, Patrick O'Neill Director Consex)A- Y4cf,n dck-, CC:Onbav Cam) 5/Z8/Z5? sii8n_�5 2025-1455 Bee Lai SERVICE AGREEMENT BETWEEN WELD COUNTY AND ELEMENT FIRE SOLUTIONS THIS AGREEMENT is made and entered into this Zthday of , 2025, by and between the Board of Weld County Commissioners, on behalf of F lities, hereinafter referred to as "County," and Element Fire Solutions, hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability to perform the required services at or below the cost set forth in the attached Exhibits; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of Contractor's Response to County's Request for proposal. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and ends one year later. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. Form Revision 3-2025 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (90) days written notice to County. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and Contractor shall deliver to County all completed or partially completed Work under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $ 11,770.00 as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith retum such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local 2 Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees or agents of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Any provisions in this Contract that may appear to give the County the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only. The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be perfomied by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees, and subcontractors. 9. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. 10. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, 3 and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 11. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. Contractor shall provide coverage with limits of liability no less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis. Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an "A.M. Best" rating of not less than A -VII. The County in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, trustees, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor." 4 Such policy shall include Minimum Limits as follows: Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract. Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 12. Proof of Insurance. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name the County, its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" for work that is being performed by the Contractor. On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract. Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act. All certificates and endorsements are to be received and approved by the County before work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this 5 Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract. All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address. The project/contract number and project description shall be noted on the certificate of insurance. The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time. Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. 13. Additional Insurance Related Requirements: The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County. The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project. Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect. The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement. 6 Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. 14. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. 15. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. 16. Mutual Cooperation. The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery. 17. Indemnity. The Contractor shall defend, indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all 7 claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration for the award of this contract, the Contractor agrees to waive all rights of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the County. 18. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 19. Examination of Records. To the extent required by law, the Contractor agrees that a duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers, and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 20. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes, or Governmental actions. 21. Notices. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Travis Coleman Position: Owner Address: 1281 E Magnolia St Unit D #1006, Ft. Collins CO 80524 E-mail: elementfiresolutions@gmail.bom Phone: 970-310-6732 8 TO COUNTY: Name: Patrick O'Neill Position: Facilities Director Address: 1105 H Street Greeley, CO 80631 E-mail: poneill@weld.gov Phone: 970-400-2023 22. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 23. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other Contractors or persons to perform services of the same or similar nature. 24. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 25. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 26. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 27. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 28. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 9 29. Non -Waiver. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of the monetary limitations or any of the other immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as applicable now or hereafter amended. 30. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 31. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado, or its designee. 32. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 33. No Employment of Unauthorized Aliens - Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U.S.C.A. §1324a and (h)(3)) nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement. Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law. Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation. If Contractor fails to comply with any requirement of this provision, County may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. 34. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be 10 responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 35. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: By: Name: Travis Coleman Title: Managing Member Date of Signature: 5/19/25 WELD COUNTY: ATTEST: VdrAvy a, :4, BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Weld County Clerk to the Board Deputy Clerk to the Board CT° ,,,,,„ e L. Buck, Chair 11 MAY 2 8 2025 2025 --1455 1281 E Magnolia St Unit D #1006, Fort Collins, CO 80524 Phone 970-310-6732 RESPECTFULLY SUBMITTED TO: Date: 5/15/25 Company name: Contact: Tel: 970-397-9556 Weld County Facilities Ryan Hergenreter Name and location of work site: Email: rergenreter@weld.gov FIRE SOLUTIONS Annual NFPA 25 Inspection & Testing in Weld County Facilities Buildings DESCRIPTION QTY UNIT COST TOTAL 1 2 3 4 Element Annual antifreeze Annual Annual Annual Location An Facilitiess 'S -year proposal, A quotation inspection list sprinkler reprBsentative nor NFPA NFPA NFPA NFPA can Fire prDvided report co systems) system we be made Solutions, 25 25 25 fire by for all include Sprinkler Sprinkler Sprinkler pump Weld inspected is inspection, available County responsible testing/certification testing testing for LLC Inspection Inspection Inspection systems Facilities for these agrees and - will building and of items Scheduling maintenance to and and and inspect be sen- to access backflow upon request perform Testing Testing Testing the and preventers. installation to be authority disabling requirements coordintated the of of of having of following: Wet Pre Dry of upon alarms under -Action jurisdiction Systems Systems fire and NFPA pacing Systems pump approval - submittal security 25 are (Including (Annual not per monitoring. included NFPA fees all partial included as part 20 of trip) in this pricing 45 26 2 1 Sub -Total Total $ 11,770.00 All prices good for 90 days. Payment charge per month after due date with tendered as payment. The customer reference to its rules. By signature shall be net 15 days a maximum interest agrees that any dispute below, the client acknowledges upon completion charge of 18%. Element arising with the and agrees and acceptance agreement to all of said Fire Solutions reserves will be resolved terms as stated services. Any unpaid balance shall be subject the right to charge a fee of 525.00 for each in accordance with the laws of the State here. to of Colorado a 1.5% interest returned check without Prepared by: �• Travis Coleman 5/15/2025 Element Fire Solutions, LLC Accepted by: Date: Name Title CLIENT: 0ERROR, ADDRESS: itERROR, ttERROR, BILLING ATTN: t1ERROR, SYSTEM LOCATION: c NERROR, SERVICE OF THE FIRE PROTECTION EQUIPMENT: The Client agrees to purchase and Company agrees to provide service without liability and not as an insurer, as described hetoin, services for the purpose of maintaining, inspecting and testing Client's fire protection equipment in accordance with the terms and condition of this agreement. TERMS AND RENEWAL OF AGREEMENT: Client agrees and acknowledges that this Agreement shall ran for one ( It year from the date of acceptance by Company unless terminated as provided herein. Thereafter, this agreement shad automatically continue in effect from year to year, unless tcmninated by written not ice of either parry to the other, thirty (30) days prior to the effective date of the rnncellation. PRICE AND PAYMENT: The charge for each Agreement shall include all labor, as described in paragraph 4.A,, diem and travel. Client agrees to pay company for the Terms) of this Agreemevn: Company's applicable charges for preventive maintenance and inspection servicCw and for service calls as set forth under this Agrtement. With approved credit, all invoices arc due and payable in full acconling m the stated terms, nM 30 days and interest at a rate of (1 Y°o, on all unpaid invoices (301 days past due. Charges for inspection u:rvices or rates for basic or emergency srnice in any subsequent year of this agreeraem shall not exceed 1 I5°'o of thz prior year. MAINTENANCE INSPECTIONS AND SERV ICE: For the agreed on amoum, as shown on the attached Proposal. during the tennis, of this Agreement, Company agrees to provide pnventive maintenance and inspation, certification, service and pans as follows: A. Periodic maintenance inspeMions of the fin protection equipment desmbed in our attached Proposal means to inspect. test, and adjust the systems to assure components thereof are operating within the manufacturer's acceptable standards. Client will be notified, in writing. of any components found nM m be within accepted operating standards. Componrnts will be repaired or replaced only upon written authorization of the Client and invoiced at the service rates (s, set forth under the Clarifications of the Proposal. The frequency of each inspection shall it identified within the Proposal, beginning with the first inspcc B. Any additional work, material or srrv'ices outside the scope of this Agreement whicfi is rcyucstrxf by the Cliem and famished by the Company, may be provided by the Company at its sole diuretion. Further such additional work, material or services shall be delivered under the terms of this Agreement, and by execution hereof Client acknowledges that this Agreement shall be incorporated into and become a pan of any order for such additional work, equipment or xrvices. ui C. If in the sole determination of the Company, and at any time prior to or during the term of this Agreeme cannot be adequately inspected, repaired or adjusted on- site to bring it to an acceptable condition to cancel this Agreement. if, altcmatively and in the sole determination of the Company, portions of the sys acceptable level of operation through service and maintenance, in lieu of canceling the Agreement and the it adjusted accordingly. D. Rcpair(sL diagnosis, additions) change(sl, relocations) or emergency services are not included within the inspection an otherwise specitically stated within Paragraph 5 herein. These services will not 6e provided without the authorization o(the Cliel invoice(1 at the company's then current hourly rate for set vices- including Tavel charges and per- dietn. Service calf will b e invoiced based upon cost portal to portal and a (21 hour minimum. After hours service calls will be based upon portal to portal and a (31 hour minimum. Client also agreed to pay Company an overtime rate of ( I '/,) tim working hours fur the Company except for Sundays and Holidays which will be at an ova ompa»y arc, R:Ib AM -5:00 PM, Monday through Friday, excluding lance with C'ompany's current established pricing, nut to exceed the Manu tent or any portion of it all have the right. at its discretion, hw up to area unless s) required at other than normal s the hourly rate of service. Normal and applicable material will current published list price. LIMITATION OF ELEYtE1T FIRE SOLUTIONS LLC LIABLITV: CLIENT ACKNowLED<;Es THAT ELEMENT FIRE SOLu7u)Ins LLC. IS NOT nN I\SURER AND THAT THF'. PAYMENTS MAUE TU ELEMENT FIRE SOLUTIONS LLC RY CLIENT UN THIS PROJECT ARE BASED UPON THE VALUE OF THE SYSTEM .4ND.'OR SERVICES PROVIDED AND ARE UNRELATED TO THE VALUE OF CLIENT'S PROPERTY OR BUSINESS. IN RECOGNITION OF THE RELATIVE RISKS AND HE THE CLIENT AND TO ELEMENT FIRE SOLUTIONS LTC RESULTING FROM THE WORK TO BE PERFORMED BY ELEMENT FIRE SOLUTIONS LLC. THE RISKS HAVE BEEN ALLOCATED SUCH THAT THE CLIENT. AS WELL AS THE CLIENTS ASSIGNS..AGENTS.AN AGREE:. TO THE FULLEST EXTENT PERMITTED BY LAW, TO LIMIT THE LIABILITY OF ELEMENT FIRE SOLUTIONS LTC, ITS' OFFIC'F.RS. )LI TIONS LLC PARENT, SUBSIDIARIES, AFFILIATES, CONSULTANTS, SL'BC'ONTRACTORS, VF.NDO'. )NTR.4CT: PRICE OF WORK TO BL PERFORMED. WHICHEVER IS LESS,CLfEM DOES HEREBY AIMS IN EXCESS OF SAID LIMIT THIS LIMITATION OE LIABILIY SHALL APPLY'TO ALL JUDGEME LIABILITt'. ('OSTS. CLAIM EXPENSES, AND ALL OTHER DAMAGES OR LOSSES OF ANY NATURE SUSTAINED BY CLIENT, CONTRACTOR OR SUBCONTRACTORS ((),r;(,) ANTHER P:\RTY CLAIMING BY OR THROUGH THEM. THIS LIMITATION OF LL\BILITY SHALL BF ENFORCEABLE. 1.) REGARDLESS OF THE AMOUNT :1NACTUAL DAMAGES Sl1S'rA1NED, IF ANY A.S.\ RESULT OF THIS WORK; AND ?.1 EVEN iF'THE LESS OR DAMAGES IN ISSUE IS CAUSED OR ALLEGED TO BC CAUSED RY THF: NEGLIGENCE. BREACH OF WARRANTY, DEFEC-1'IVF. PRODUCTS, VIOLATIONS OF TFIE OECEPrIVE TRADE PR.4CTI('F:S ACT. OR OTHER FAULT OF ELEMT_NT FIRE SOLUTIONS LLC OR ELEMENT FIRE SOLUTIONS LLC PARENT. SUBSIDIARIES. AFFILI RTES. CONSULTANTS, SUBCONTRACTORS. VENDORS, OR DIOR RESPECTIVE EMPLOYEES, AGENTS OR REPRESEN'TA'TIVES. SHOULD CLIENT DESIRE ADIFFERENTLIMITATIONOFLIABILITY,SUCF IS AVAILABLE. AS nti .4DDTTIONAL SFRV'ICE.AT AN AUDITIOthAL COST. IF PAYMEN"T FOR WORK PROVIDED IN THIS AGREEMENT IS NOT PAID W'NEN DLiE. CLIENT AGREES TO PAY Al.l. COSTS OF COLI.F.CTION INCI.UDINCr ATTORNEY FEES nS W'ELL AS INTEREST COMPUTE ALLOWABLE BY APPLIC OE I.AW. E. I. WARRANTIES: A EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, THE COMPANY MAKES NO WARRANTIES, E..XPRESS OR IMPLIED, AS TO ANY MATTER WHATEVER. INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THERE ARE NO WARRANTIES OR REPRESENTATIONS WHICH EXTEND BEYOND THE FACE OF THIS AGREEMENT. COMPANY DOES WARRANT THAT SERVICE UNDER THIS AGREEMENT WILL BE COMPETENT AND THAT PARTS INSTALLED ON THE SYSTEM IN CONNECTION WITH SERVICE PROVIDED UNDER THLS AGREEMENT WILL MEET MANUFACTURER'S SPECIFICATIONS AT THE ?ME THEY ARE INSTALLED. FAILURES TO PERFORM CONSISTENTLY WITH THIS WARRANTY WILL BE REMEDIED SOLEY BY THE COMPANY DURING THE TERM OF THIS AGREEMENT, BY CORRECTLY RE -PERFORMING NONCOMPLYING SERVICES) OR REPAIRING OR REPLACING DEFECTIVE MATERIALS PROVIDED BY THE COMPANY, UPON WRTTTElN NOTICE TO THE COMPANY BY THE CLIENT. C THE COMPANY DOES NOT REPRESENT, GUARANTEE OR WARRANT THAT ANY EQUIPMENT REFERRED TO IN THIS AGREEMENT OR ANY SERVICE, INSPECTION OR MAINTENANCE PROVIDED BY IT UNDER THIS AGREEMENT WILL RESULT IN A SYSTEM WHICH WILL OPERATE AS DESIGNED, OR IS SUITABLE FOR ANY PARTICULAR PURPOSE, OR WILL PREVENT ANY LOSS BY BURGLARY, FIRE OR OTHERWISE, OR WILL IN ALL CASES OR ANY PARTICULAR CASE AVERT OR PREVENT RISKS, LOSSES, OR OTHER OCCURANCES, OR THE CONSEQUENCES THEREFROM, WHICH THE EQUIPMENT OR SERVICES IS DESIGNED TO PERFORM, DETECT OR AVERT. CLIENT ACKNOWLEDGES AND AGREES THAT IT IS NOT RELYING ON COMPANY SKILL OR JUDGMENT LN SELECTING OR FURNISHING A SYSTEM SUITABLE FOR ANY PARTICULAR PURPOSE, AND THAT THE COMPANY HAS MADE NO REPRESENTATIONS EXCEPT AS ARE CONTAINED IN THIS AGREEMENT. COMPANY IS NOT AN INSURER AGAINST LOSS OR DAMAGE, AND ALL INSURANCE ARRANGEMENTS TO COVER LOSS, PROPERTY DAMAGE OR PERSONAL INJURY MUST BE MADE SEPARATELY BY THE CLIENT. THE CLIENT ASSUMES ALL RISK OF LOSS OR DAMAGE TO THE PREMISES OR TO THE CONTENTS THEREOF, AS WELL AS ALL RISK TO THE PHYSICAL OR MENTAL WELL-BEING OF PERSONS THEREIN. THE LIMITED WARRANTY CONTAINED IN THIS AGREEMENT GIVES THE CLIENT SPECIFIC LEGAL RIGHTS. THE CLIENT MAY HAVE OTHER LEGAL RIGHTS WHICH VARY, FROM STATE TO STATE. 1. RESPONSIBLITIES OF CLIENT: The Client agrees to: A. Promptly notify Company of any known or suspected trouble or malfunction in the equipment. B. Meet Manufacturer' specifications. All replaced parts become the property of the Company. C. Authorize Company, its agents and employees, for purposes of this Agreement, to enter upon the premises of Client, to repair, maintain or inspect the equipment and to make any changes or alteration to the equipment, as may be necessary. Client also agrees to provide Company with appropriate working space, including adequate light, electricity, telephone access, ladders or lifts as required for Company's use in providing service(s) under this Agreement. In addition, Client agrees to provide one individual to monitor the control panel during testing and certification. D. Designate suitable representative(s) satisfactory to the Company as exclusive contacts) between Company and the Client, who shall have authority to make decisions on behalf of Client concerning service of the equipment by Comp,. E. Neither authorizes nor permits maintenance, repairs or modifications of any kind to be made to the equipment, except by the Company or as specified and approved in advance by the Company. F. Assume complete responsibility for the maintenance and repair of the system except as is set forth in this agreement. 2. INDEMNIFICATION, DAMAGES AND LIMITATIONS OF LIABILITY. COMPANY AND CLIENT SHALL DEFEND, INDEMINIFY AND HOLD ONE ANOTHER HARMLESS FROM ANY EXPENSE, LIABILITY, LOSS, CLAIM OR DAMAGE, INCLUDING PERSONAL INJURIES AND DEATH ASSERTD BY ANY PERSON, INCLUDING THOSE NOT A PARTY TO THIS AGREEMENT, RELATING TO OR ARISING FROM THE ALLEGED IMPROPOER ACTS OR ACTIONS/NEGLIGENCE OF ITSELF, ITS AGENTS, EMPLOYEES, OR ANY OTHER INDIVIDUAL OR ENTITY AFFILIATED WITH IT, OCCURING IN ANY WAY FROM THE INSTALLATION, OPERATION MAINTENANCE OR OVERALL FUNCTIONALITY OF THE SYSTEM IDENTIFIED IN THIS AGREEMENT. 3. ADDITIONAL COMPANY RESPONSIBILITY. A. Company will provide service calls and emergency service, upon request of the Client, subject to any delay which may be occasioned by strike, riot, acts of god or any other circumstanees beyond the control of the Company, as soon as it is reasonably practical to do so. Company will make reasonable efforts to attend promptly to the emergency needs of the Client, but it can make no guaranty of response time by the company or what may be required to properly service the equipment. B. In the event a malfunction of a type covered by this Agreement has not been remedied before this Agreement has terminated for whatever reason, any service requested by the Client thereafter may be provided by the Company in its sole discretion and at the Company's then -current rates for services, including travel charges, per diem and materials. C. Company will provide necessary test equipment required to perform services) under this Agreement. D. If replacement parts are necessary under this Agreement, Company may provide new and /or used replacements. 4. NO CONFLICT WITH OTHER CLIENT AGREEMENTS. Client warrants that the negotiation, execution and implementation of this Agreement will not conflict with any other agreement of which the Client is aware with any other person or firm. Client agrees to defend, indemnify and hold harmless the Company from claims of any sort by any person or firm alleging that this Agreement violates, interferes with or infringes upon any other Agreement in any way. 5. LICENSES, TAXES, PERMITS AND FALSE ALARMS. Client shall identify any rules, regulations, standards or codes with which the equipment must comply, and shall obtain and pay for any necessary licenses or other certificates of compliance for same. Client is solely responsibility for any fees, taxes (including sales taxes), false alarm fines, and any other governmental assessments related to the equipment or system operation and shall reimburse and indemnify the Company for any such expenses incurred by the Company. Client and Company are each responsible for obtaining any necessary licenses or permits needed to perforrn their respective obligations under this Agreement. 6. ASSIGNMENTS AND DELEGATIONS. The Company may assign this Agreement to any other person, firm or corporation without notice to or approval by the Client, and may subcontract any activities, which it may perform under this Agreement. The Client may not assign or delegate any rights or obligations under this Agreement, either voluntarily or by operation of law, without advance written consent of the Company. 7. ENGINEERING CHANGES. Occasionally, manufacturers may issue non -warranty engineering changes to equipment necessary to assure proper operation of system components. If, in the opinion of the Company and Client, installation of such engineering changes requires services) or materials) in excess of those incidental to a normal preventive maintenance inspection, such excess shall be paid for by the Client or Company's applicable charges for on -call and emergency services as set forth trader this Agreement provided rhar company will remain responsible for perfarrnance ojits obligations under this agreement. Failune by the 27:a lient to have factory recommended engineering changes installed on the system le relieve the Company from further performance trader this Agreement, but will not relieve the Client of its obligations hereunder. No other engineering changes or system modification are covered by this Agreement except as may be otherwise specifically provided herein. g. INVALID PROVISIONS. If any of the parts of this Agreement shall be determined by a court of competent jurisdiction to be invalid or inoperative, all of the remaining parts shall remain in full force and effect. 9. ENTIRE AGREEMENT. This writing is intended by the patties as the fmal expression of their Agreement and as a complete and exclusive statement of the terms thereof. This Agreement supercedes all prior representations, understandings or agreements between the parties; there are no prior writings, verbal negotiations, understandings, representations or agreements not expressed in this Agreement, and the parties rely only upon the contents of this Agreement in executing it, and have not relied on any other representations, oral or otherwise, made by the parties, their agents or employees. Only a writing signed by each of the parties or their duly authorized agents may modify this Agreement. No waiver of breach of any term or condition of this Agreement shall be construed to be a waiver of any succeeding breach. This agreement shall bind and benefit the heirs, successors and assigns for the respective parties. A written Service Agreement Proposal is provided for clarification purposes and is hereby made a part of this contract. 10. RECEIPT AND REVIEW OF AGREEMENT The Client specifically acknowledges that it has received a copy of this Agreement in its entirety, represents that it has authority to enter into this Agreement, and has read the same, understood it and agreed to its contents before signing it. Further the person executing the Agreement has the full authority of the Client to bind the Client, to the fullest extent provided by law, to the terms of this Agreement. 11. CLIENT ACCEPTANCE: (Name) (Title) (Signature) Element Fire Solutions, LLC Travis Carman (Signature) (Date) 5/15/25 (Date) ACC:PR O' ELEMN-1 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 877-242-9600 Central Insurance Agency, Inc. PO Box 1047 Smithtown, NY 11787 George GavarisDss: NrjeCT Central Insurance Agency (plan 877-242-9600 FAx 877-243-8995 (ac, No, Exe): (A/C, No): cerllficates@ciainsures.com INSURERS) AFFORDING COVERAGE NAIC 8 . INSURER A : Lloyd's '085202 INSURED al rk PetFire Solutions, LLC 1281 E Magnolia St Unit'1'6 FOrt Collins, CO 80524 I INSURER B : Employers Assurance Company !25402 i INSURER c : Artisan Truckers Casualty Co. '10194 ' INSURER D INSURER E : INSURER F : COVERAGES ERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES INDICATED. NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY EXCLUSIONS AND CONDITIONS OF SUCH INSR LTR � TYPE OF INSURANCE OF INSURANCE PERTAIN, POLICIES. DDL SUBR INSD WVD LISTED BELOW HAVE BEEN TERM OR CONDITION OF ANY THE INSURANCE AFFORDED BY LIMITS SHOWN MAY HAVE BEEN POLICY NUMBER ISSUED TO CONTRACT THE POLICIES REDUCED BY POLICY EFF IMMIDD/YYYYI THE INSURED NAMED ABOVE FOR THE POLICY PERIOD OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, PAID CLAIMS. POLICY . IMM/DD/YYYYI � LIMITS A I X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 l CLAIMS -MADE X OCCUR X X SP2240187 06/26/2024 06/26/2025 I FREM sEs IEirguencel $ 100,000 )( Erros & Omission I MED EXP (Any one person) ; $ 5,000 I PERSONAL & ADV INJURY $ 1,000,000 _G___E_N.L AGGREGATE LIMIT APPLIES PER : GENERAL AGGREGATE , $ 2,000,000 '` I POLICY �� PRO- x 178: LOC 2 PRODUCTS - COMP/OP AGG $ ,000,000 OTHER: $ C ' AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) � $ X ANY AUTO __ 983040831 06/26/2025 06/26/2025 ,BODILY INJURY (Perperson�L$ OWNED I AURTEO�S ONLY SCHEDULED AUTOpSyy '�, BODILY INJURY (Per accident) ' $ _. AUTOS ONLY D _. AUOT0S ON�Y rga E�idT emAGE __. $ _ I $ A UMBRELLA LIAB X OCCUR ` EACH OCCURRENCE $ 1,000,000 EXCESS LIAB -�'I CLAIMS -MADE SP2X240187 06/26/2024 06/26/2025 I AGGREGATE '', $ 1,000,000 DED I I RETENTIONS I $ B -': WORKERS COMPENSATION AND EMPLOYERS/ Y X I STATUTE I I ERH y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ARTNE EIG5633677-00 06/26/2024 06/26/2025' 1,000,000 E.L. EACH ACCIDENT ' $ FI )341 ,AM EXCLUDED? '� (Mandatory In NH) N / A I ', E.L. DISEASE - EA EMPLOYEE, $ 1,000,000 If yes, describe under I DESCRIPTION OF OPERATIONS below 1,000,000 ! E.L. DISEASE - POLICY LIMIT I $ 1 it DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Weld County, Colorado, its elected officials, its subsidiary, associated and/or affiliated entities, successors, or assigns, employees, agents, and volunteers are included as an additional insured under the general liability with respect to the liability created by the negligent acts,errors and omissions of the named insured herein as required by written contract. CANCELLATION ------- --- ---------- WELDCOC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld County Colorado THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1105 H Street PO BOX 758 Greeley, CO 80632 AUTHORIZED REPRESENTATIVE nt....' ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: SP2240187 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Blanket as required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 0413 POLICY NUMBER: SP2240187 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations As required by written, and properly executed, contract As per written, and properly executed, contract prior to prior to loss, if required by your written contract or loss, if required by your agreement with such Additional written agreement with such Additional Insured, If anyone, other than the Additional Insured, provides similar insurance for the Additional Insured, then this insurance will apply as outlined in SECTION IV - Insured, COMMERCIAL LIABILITY CONDITIONS, paragraph 4. Other Insurance, subparagraph c. Method of Sharing. The inclusion of one or more Insured(s) under the terms of this endorsement does not increase our limits of liability. Additional Insureds shown in a written contract, or written agreement that includes primary and non - Contributory wording where required. All other terms and conditions remain unchanged. Information required to complete this Schedule if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and CG 20 37 04 13 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance: © Insurance Services Office, Inc., 2012 Page 1 of 2 If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 2 of 2 POLICY NUMBER: SP2240187 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: As required in a written contract, or written agreement. the inclusion of one or more insured under the terms of this agreement does not increase our limits of liability. All other terms and conditions remain unchanged. Information required to complete this Schedule, in not shown above, will be shown in the Declarations_ A. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under the contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc.. 2008 Page 1 of 1 ❑ Contract Form Entity Information Entity Name* Entity ID ELEMENT FIRE SOLUTIONS LLC @00049345 Contract Name* ANNUAL FIRE SPRINKLER TESTING Contract Status CTB REVIEW Q New Entity? Contract ID 9479 Contract Lead CNAIBAUER Contract Lead Email cnaibauer@weld.gov Contract Description* PROVIDE TESTING AND INSPECTION SERVICES FOR ANNUAL FIRE ALARM TESTING. Contract Description 2 Parent Contract ID Requires Board Approval YES Department Project # Contract Type* Department Requested BOCC Agenda Due Date CONTRACT BUILDINGS AND Date* 05/24/2025 GROUNDS 05/28/2025 Amount* $11,770.00 Department Email Will a work session with BOCC be required?* CM- NO Renewable* BuildingGrounds@weld.go NO v Does Contract require Purchasing Dept. to be included? Automatic Renewal Grant IGA Department Head Email CM-BuildingGrounds- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date 08/04/2025 Committed Delivery Date Renewal Date Expiration Date* 08/04/2025 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head PATRICK O'NEILL DH Approved Date 05/20/2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 05/28/2025 Finance Approver RUSTY WILLIAMS Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 05/20/2025 05/20/2025 Tyler Ref # AG 052825 Originator CNAIBAUER Hello